Benjamin Horton Quoted in Law360 Article About the ITC’s Investigation of Importing Reusable Straws

November 13, 2019
Law360

In an article published by Law360 on November 13, 2019, Partner and Chair, IP Litigation Benjamin Horton, responsible for the litigation work for The Final Co. LLC was quoted addressing The Final Co. LLC patent infringement allegations against 17 Chinese companies importing reusable straws that infringe on The Final Co.’s products, citing a violation of section 337 of the Tariff Act of 1930.

The Final Co. is working to eliminate single-use plastic straws by manufacturing reusable stainless steel straws; however, Chinese companies infringing on the company’s products are creating more waste by using cheap materials that result in the products being discarded.

“[Final] is trying to do all the right things and doing it the right way by investing in intellectual property in this country, investing in the domestic labor force, investing in domestic resources and so, it is unfair to do that and have companies overseas knock off your product and import it into the U.S. at a fraction of your price,” Horton said.

The U.S. International Trade Commission has opened an investigation and an administrative law judge is set to hold evidentiary hearing to determine if these Chinese companies are infringing on Final’s patent. A decision will be released within 45 days of the start of the investigation.

Readers may access the full article in which Mr. Horton was quoted, “ITC Launches IP Probe Into Reusable Straws From China,” on Law360.

To learn more about this investigation, see the press release published on November 18, 2019 titled “FinalStraw Announces International Trade Commission Investigation.”